No. 26
Copyright
77
115. Upon the conviction of any person of an offence under this
Act the court may, where it considers forfeiture to be necessary, in
addition to any other penalty imposed, order any article, substance,
work or any other thing used in connection with the commission of
the offence to be forfeited to the Government.
Forfeitures as
an additional
penalty
116. An affidavit made on oath, affirmation or other like manner
before a magistrate, commissioner for oaths, notary public or other
person competent to administer an oath or affirmation under the law
of the country where the oath was made, which__
(a) purports to have been made by or on behalf of the owner of
the copyright or his successor in title; and
(b) states all or any of the following
(i) that at the time specified therein, the rights of the owner
of the copyright work subsisted;
(ii) the nationality of the owner of the copyright;
(iii) the place where the work was first made;
(iv) the date and place of the first publication of the work
and the date of the publication thereof in Malawi, if such
publication was not first publication;
(v) that the person named therein is the owner of the
copyright or his successor in title; and
(vi) that a copy of the work exhibited to the affidavit is a true
copy of the work,
shall be admitted without further proof in any proceedings
under this Act.
PART XIV__MISCELLANEOUS PROVISIONS
Proof of facts
in prceedings
117.__(1) The Minister may, by notice published in the Gazette,
extend the application of this Act to any works, expressions of
folklore, performances, sound recordings, broadcasts or
typographical arrangements of published editions that are eligible
for protection by virtue of and in accordance with any treaty to
which Malawi is a party.
Extention of
the
application of
Act
(2) The Minister may, by notice published in the Gazette,
determine that this Act shall also apply to works which are first
published by specific international organizations and the
unpublished works in which such organization owns the publishing
rights.
118. When works or performances are broadcast by satellite
from a foreign country, this Act shall apply to the broadcast if the
satellite that receives signals from Malawi or the broadcast is
Application
of this Act
to satellite
broadcast